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ACT ON THE INVESTIGATION INTO AVIATION AND RAILROAD ACCIDENTS

ACT ON THE INVESTIGATION INTO AVIATION AND RAILROAD ACCIDENTS

[Amended by Act No. 8852, Feb. 29, 2008]

CHAPTER GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to contribute to the prevention of aviation and railroad accidents and securing safety by establishing the Aviation and Railroad Accidents Investigation Committee to conduct independent and unbiased investigation and precisely identify causes of the aviation and railroad accidents

Article 2 (Definitions)

(1) For the purpose of this Act, the definitions of terms shall be as follows:

1. The term "Aviation Accident" means the Aircraft Accident as stipulated in Article 2 (11) of the Aviation Act and the Accident of Ultra Light Flying Device as defined in Article 2 (25) of the said Act.

2. The term "Aircraft Incident" means the aircraft incident as defined in Article (12) of the Aviation Act.

3. The term "Aviation Accident and Incident" means the aircraft accident in the subparagraph 1 and the aircraft incident in the subparagraph 2.

4. The term "Railroad Accident" (hereafter including urban railway) means the occurrence of casualties or damages to physical goods during the operation of train or railroad vehicle which is prescribed by the Presidential Ordinance as stipulated in Article 61 (1) of the Railroad Safety Act.

5. The term "Railroad Operation Failure" means causing of the interruption to train or railroad vehicle operation, which is prescribed by the Presidential Ordinance as stipulated in Article 61 (1) of the Railroad Safety Act.

6. The term "Railroad Accident and Incident" means railroad accident and railroad operation interruption.

7. The term "Accident Investigation" means the procedures and activities which Aviation and Railroad Accident Investigation Committee conducts in accordance with Article 4 for the purpose of investigation and prevention of aviation accident and incident and railroad accident and incident (hereafter referred to as "Aviation and Railroad Accident and Incident") including collection analysis identification of information and data related to aviation and railroad accident and incident, and the recommendation for aviation and railroad safety.

(2) Unless otherwise defined in this Act, other terms shall mean as defined in the Aviation Act and the Railroad Safety Act.

Article 3 (Range of Application)

(1) This Act shall be applicable to accident investigation into aviation and railroad accident and incident falling under any of the following subparagraph.

1. Aviation and railroad accident and incident occurring within the territory of the Republic of Korea

2. Aviation accident and incident occurring outside the territory of the Republic of Korea which is under the jurisdiction of ROK in accordance with the Convention on International Civil Aviation

(2) Notwithstanding the Paragraph 1, this Act shall not be applied to the aviation accident investigation into a government aircraft as prescribed in Article 2. (1). 2 of the Aviation Act except that the accident falls under any of the following subparagraph:

1. In case where a person suffers death or is missing

2. In case where the government aircraft sustains serious disruption to the extent that repair or rebuilding is impossible

3. In case where the location of government aircraft is unidentified or the aircraft is completely inaccessible

(3) Notwithstanding the Paragraph 1, this Act shall not be applied to the aviation accident investigation into the aircraft defined in Article 2 (3) of the Aviation Act. CHAPTER AVIATION AND RAILROAD ACCIDENT INVESTIGATION COMMITTEE Article 4 (Establishment of Aviation and Railroad Accident Investigation Committee) (1) To conduct accident investigation into aviation and railroad accident and incident in an independent manner for the purpose of cause identification and prevention, an Aviation and Railroad Accident Investigation Committee (hereafter referred to as the "Committee") shall be established in the Ministry of Land, Transport and Maritime Affairs.

(2) The Minister of Land, Transport and Maritime Affairs shall direct and supervise the Committee with the respect to general administrative matters, but shall not be involved in an accident investigation. Article 5 (Duties)

The Committee shall execute the following duties:

1. Accident investigation

2. Writing of, deliberation and publication of an accident investigation report as stipulated in Article 25

3. Safety recommendation as stipulated in Article 26

4. Survey and research required for accident investigation

5. Designation of research and education organizations related to accident investigation

6. Other matters as defined in the Convention on International Civil Aviation and the Annex to the Convention related to the aviation accident investigation Article 6 (Composition)

(1) The Committee shall be composed of not exceeding 12 committee members including a Chairperson of the Committee, provided that the number of committee members designated by the Presidential Decree shall become Standing Committee Members. (2) The Chairperson and standing members will be appointed by the President of ROK, while non-standing members will be appointed by the Minister of Land, Transport and Maritime Affairs.

(3) The class of standing members shall be determined by Presidential Decree. Article 7 (Qualifications)

The candidate of a Committee member shall have expertise or experience in aviation and railroad sectors, which meets any of the following qualifications:

1. A person with a minimum 10 year career after acquiring certification as a lawyer

2. A person with a minimum 5 year teaching experience in a university as an Associate Professor or a higher position in the field of aviation and railroad or safety management

3. A person with a minimum 2 year experience in the administrative organization as a senior official in Grade 4 or higher position

4. A person with a doctor's degree and a minimum 10 year working experience in the professional organizations in the aviation, railroad or medical sectors

5. A person with a minimum 10 year working experience at an air transport business after obtaining a qualification certificate as an airman, and retiring from the air transport business 3 years prior to the date of appointment

6. A person with a minimum 10 year working experience at a railroad facility or railroad operating business, and retiring from the air transport business 3 years prior to the date of appointment

7. A person with a minimum 10 year experience involving in aviation businesses related to government aircraft or the aircrafts used for military, police services, or customs house Article 8 (Disqualifications)

Anyone who falls under any of the following subparagraphs shall not be designated as a Committee member.

1. A person of incompetency or quasi-incompetency or a person who was declared bankrupt and has not been reinstated yet;

2. A person whose case has not passed 3 years since his/ her imprisonment without labor or heavier punishment as declared by a court was completely executed or exempted;

3. A person who was sentenced to the suspension of execution for imprisonment without labor or heavier punishment as declared by a court and is under the period of suspension of execution;

4. A person who is disqualified, or whose qualification is suspended, pursuant to a judgment of the court or other Acts;

5. A person who operates an air transport business, engages in manufacturing, rebuilding, maintenance and sales businesses of aircrafts or ultra light flying devices, or operates other aviation-related businesses, or an executive or an employee of the aforementioned businesses;

6. A person who operates railroad, manages railroad facilities, manufactures/ assembles or imports railroad vehicles, constructs railroads, sells railroad equipment/ devices, or operates other railroad-related businesses, or an executive or an employee of the aforementioned businesses;

Article 9 (Status Guarantee)

(1)Any member of the Committee shall execute the independent authority during his/ her term with a respect to his/ her duties.

(2) Any member of the Committee shall not be dismissed from the Committee or discharged from his/ her duties against his/ her will except the cases falling under any of the following subparagraphs:

1. Where he/ she falls under any of the subparagraphs of Article 8 of this Act;

2. Where he/she is incapable to perform his/her duties due to mental or physical weakness; and

3. Where it is difficult for him/her to perform duties as a member of the Committee by violating against the obligations defined as his/ her duties in the Act. Article 10 (Duties of Chairperson)

(1) The chairperson shall represent the Committee concerned and exercise overall control over its general affairs.

(2) When the chairperson is unable to perform his/her duties for an unavoidable reason, a Committee member designated by the Chairperson in advance, standing members, and the older member among the Committee members shall act for him. Article 11 (Term of Committee Members)

The term for Committee members shall be 3 years, but renewable. Article 12 (Meeting and Determination)

(1) The Committee meeting shall be convened by the Chairperson and the Chairperson shall preside over the meeting.

(2) Any resolution of the Committee shall require the consent of a majority of all the incumbent Committee members.

Article 13 (Subcommittee)

(1) The Committee may establish subcommittees with an aim to effectively deliberate on the details of accident investigation.

(2) Any resolution of the subcommittee pursuant to the paragraph (1) shall be considered as the resolution of the Committee.

(3) Necessary matters required for the organization and operation of subcommittees shall be defined by the Presidential Decree.

Article 14 (Advisor)

The Committee may, if deemed necessary, appoint an expert equipping with expertise and experience in the fields of aviation and railroad as an advisor to the Committee as prescribed by the Presidential Decree in order to seek advices on accident investigation. Article 15 (Restrictions)

(1) Any Committee member recognized as having close relationship with a person who involved or has involved in the causes of aviation and railroad accident, shall not be allowed to participate in the meeting concerned.

(2) A Committee member who falls under the Paragraph (1), may avoid the meeting related to the concerned aviation and railroad accident.

Article 16 (Secretariat)

(1) A secretariat shall be established in the Committee to administer general affairs of the Committee.

(2) Secretariat shall be composed of Secretariat General, accident inspection officer, and other staff.

(3) Necessary matters required for the organization and operation of the secretariat shall be determined by the Presidential Decree.

CHAPTER ACCIDENT INSPECTION

Article 17 (Notice of Occurrence of Aviation and Railroad Accidents) The Minister of Land, Transport and Maritime Affairs shall notify the Committee without hesitation that an aviation/ railroad accident occurs upon the report or his knowledge of the occurrence.

Article 18 (Initiation of Accident Investigation) The Committee shall initiate accident investigation in a prompt manner, upon receiving notice of the occurrence of aviation/ railroad accident or its knowledge of the occurrence as prescribed in Article 17. However, unless otherwise defined in this Act, other matters related to the aviation accident investigation shall be conducted in accordance with the standard and methods adopted in the Convention on International Civil Aviation and its Annex. Article 19 (Conduct of Accident Investigation)

(1) The Committee may, if deemed necessary, allow the Committee members or the secretariat staff to take actions in the following subparagraphs:

1. A request to submit reports or data related to the aviation accident by the owner, manufacturer, or passenger of an aircraft or ultra light flying device, relief team conducting rescue activities at the site of aviation accident, and other concerned parties (hereafter referred to as "Concerned Parties of Aviation Accident")

2. A request to submit reports or data related to the railroad accident by a railroad operator, railroad facilities manager, railroad workers, rescue team at the accident site, and other concerned parties (hereafter referred to as "Concerned Parties of Railroad Accident")

3. An inspection of aircraft, railroad facilities, railroad vehicle, books, documents or articles related to aviation/ railroad accident (hereafter referred to as "Related Articles") by visiting the accident site and other places deemed necessary

4. A summon and questions to Concerned Parties of aviation and railroad accident and incident

5. A request for the owner, holder, or keeper of the Related Articles to preserve and submit the related articles or the custody of submitted articles

6. Restriction of the access to accident site and other related places (2) A person receiving a request to preserve related articles as stipulated in Paragraph (1). 5 of shall not move or alter, destroy the concerned articles, provided that there will be no serious impacts on public interests or emergency such as lifesaving. (3) The Committee shall promptly lift the custody of the related articles kept in accordance with the Paragraph (1). 5 of this Act, when it deems they are no more necessary for accident investigation.

(4) A person taking the actions as prescribed in the Paragraph (1) shall have the certificate indicating his/ her authority to do so, and submit the certificate upon the request of concerned parties.

Article 20 (Composition and Operation of Aviation/ Railroad Accident Investigation Team) (1) The Committee may, if deemed necessary, form and operate an Aviation and Railroad Accident Investigation Team consisting of experts in related fields. (2) Necessary matters required for the organization and operation of the Aviation and Railroad Accident Investigation Team shall be prescribed by the Presidential Decree. Article 21 (Support from the Minister of Land, Transport and Maritime Affairs )

(1) The Committee may, if deemed necessary, request the Ministry of Land, Transport and Maritime Affairs to provide supports required for accident investigation such as fact finding, dispatch of related officials, and supply of necessary goods. (2) The Minister of Land, Transport and Maritime Affairs shall provide necessary supports upon the request of support for accident investigation as prescribed in the Paragraph (1) to ensure smooth proceeding of the investigation. (3) The Minister of Land, Transport and Maritime Affairs may, if deemed necessary to support accident investigation in accordance with the Paragraph (2), have an official in the Ministry to take such actions as in the Paragraph (1) of Article 19. In such case, the provisions of the Paragraph (4) of Article 19 shall apply. Article 22 (Cooperation with Relevant Administrative Organizations) The Committee may request the heads of relevant administrative organizations, local governments, and other public/ private agencies (hereafter referred to as "the Heads of Relevant Organizations) to cooperate in executing prompt and precise investigation by providing data and information related to aviation/ railroad accidents, and preserving related articles. In such case, the heads of relevant organizations shall respond to the requests unless they have legitimate reasons to refuse to do so.

Article 23 (Experiment and Medical Examination)

(1) The Committee may conduct an autopsy over the victims of the accident, medical examination on surviving crew, and the examination, analysis, and experiment on parts of the aircraft/ railroad vehicle.

(2) The Committee may, if deemed necessary, commission a related expert/ professional organization to conduct an autopsy, examination, analysis, and examination as prescribed in the Paragraph (1).

Article 24 (Hearing of Opinions of Concerned Parties) (1) The Committee shall grant the stakeholders related to concerned aviation/ railroad accident to state their opinions before the completion of accident investigation as prescribed by the Presidential Decree.

(2) The Committee may, if deemed necessary to perform accident investigation, hear the opinions from concerned parties or experts by holding a hearing. Article 25 (Writing of Accident Investigation Report) (1) The Committee shall write the accident investigation report upon the completion of the investigation which contains such contents as in the following subparagraphs:

1. Overview

2. Fact finding

3. Cause analysis

4. Result of accident investigation

5. Recommendation and suggestion in accordance with Article 26 (2) The Committee shall publish the accident investigation report written in accordance with the Paragraph (1) as stipulated by the Presidential Decree, and forward the report to the heads of relevant organizations.

Article 26 (Safety Recommendation)

(1) The Committee may, if deemed necessary during the investigation or as a result of accident investigation, suggest measures to prevent a recurrence to the heads of relevant organizations as safety recommendation or suggestion. (2) The heads of relevant organizations shall notify the Committee of their plans and results in a response to safety recommendation or suggestion made by the Committee as prescribed in the Paragraph (1).

Article 27 (Resumption of Accident Investigation) The Committee may resume the accident investigation when a critical evidence is discovered after the closure of investigation, which is important enough to alter the investigation results. Article 28 (Ban on Information Disclosure)

(1) The Committee may not release information obtained during the accident investigation when it deems the disclosure of such information might have impacts on concerned or future investigations, or threaten national security and infringe upon privacy. (2) The range of information which should not be disclosed as prescribed in the Paragraph (1) shall be defined by the Presidential Decree.

Article 29 (Research on Accident Investigation)

(1) The Committee shall establish the information management system to compile, analyze and distribute data related to domestic and foreign aviation and railroad accidents and allow for the sharing of the accumulated information.

(2) The Committee may conduct surveys and researches to develop methodology of accident investigation and prevent possible aviation/ railroad accidents. CHAPTER SUPPLEMENTARY PROVISONS

Article 30 (Separation from Other Procedures)

Accident investigation shall be separated from judicial procedures, administrative measures or administrative litigations related to civil or criminal liabilities. Article 31 (Confidentiality)

Any person who is or was a member, advisor or secretariat staff of the Committee, or a person who performs or performed duties dispatched to or appointed by the Committee, shall not divulge any confidential matter which comes to his/her knowledge in connection with his/her duties.

Article 32 (Ban on Disadvantageous Treatment)

Any person who submits the statement, testimony and data or provides reply to the Committee in accordance with this Act shall not receive disadvantageous treatment because of such actions, including discharge, transfer, disciplinary measures or unfair treatment from work place, or other disadvantages related to positions or treatment. Article 33 (Operation of Committee)

(1) Unless otherwise defined in this Act, necessary matters required for the operation of the Committee and accident investigation shall be defined by the Chairperson of the Committee. (2) The Committee may provide an allowance or travel expenses to the Chairperson, Committee members, advisor and other concerned parties who attend the Committee meeting and make statements as prescribed by the Ordinance of Ministry of Land, Transport and Maritime Affairs

Article 34 (Presumption as being Public Official in Application of Penal Provisions) The members and advisor of the Committee, experts in the related fields as stipulated in the Paragraph (2) of Article 20, related experts or executives and employees of related organizations as stipulated in the Paragraph (2) of Article 23 who are not public officials shall be regarded as such in relation with the application of penal provisions in accordance with Article 129 and Article 132 of the Criminal Act.

CHAPTER PENAL PROVISIONS

Article 35 (Obstruction of Accident Investigation) Any person who falls under any of the following subparagraphs shall be punished by imprisonment not more than 3 years or by a fine not exceeding three million won.

1. A person who fails to comply with the Paragraph (1). 1 and 2 of Article 19 by not reporting or providing a false report with the respect of aviation and railroad accident and incident, or a person who refuses or obstructs the submission of data without due reasons

2. A person who fails to comply with the Paragraph (1). 3 of Article 19 by refusing or obstructing an access to accident site and other places deemed necessary to inspect, or the examination of related articles

3. A person who fails to comply with the Paragraph (1). 5 of Article 19 by refusing or obstructing preservation, submission and custody of related articles

4. A person who fails to comply with the Paragraph (1). 2 of Article 19 by not preserving related articles without due reasons, or relocating, altering or destroying related articles Article 36 (Offense of Secret Divulgence)

A person who violates against the provision of Article 31 and divulges confidential information which comes to his/her knowledge in connection with his/her duties shall be punished by imprisonment not more than 2 years or imprisonment without labor, or suspension of qualification not exceeding 5 years. Article 37 (Joint Penal Provisions)

When a representative of a juristic person or association, or an agent, servant or any other employee of a juristic person, association or individual commits an offence stipulated under Article 35 in connection with the business of the juristic person, association or individual, a fine as provided in the same Article shall be imposed on the juristic person, association or individual, in addition to the punishment of the actual offenders. Article 38 (Fine for Negligence)

(1) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding one million won.

1. A person who fails to comply with the Paragraph (1). 1 and 2 of Article 19 by avoiding or delaying the submission of data related to aviation and railroad accident and incident without due reasons

2. A person who fails to comply with the Paragraph (1). 3 of Article 19 by avoiding the examination of related articles in connection with aviation and railroad accident and incident

3. A person who fails to comply with the Paragraph (1). 4 of Article 19 by refusing the summon without due reasons or making false statement to the questions

4. A person who fails to comply with the Paragraph (1). 5 of Article 19 by avoiding or delaying the submission and custody of related articles

5. A person who fails to comply with the Paragraph (1). 6 of Article 19 by disobeying the access control

6. Any person who fails to comply with the provision of Article 32 by committing disadvantageous treatment to the person who submitted statement, testimony and data or provides reply to the Committee in accordance with this Act, including discharge, transfer, disciplinary measures or unfair treatment from work place, or other disadvantages related to positions or treatment.

(2) The fine for negligence under the provisions of paragraph (1) shall be levied and collected by the Minister of Land, Transport and Maritime Affairs under the conditions prescribed by the Presidential Decree. (3) Any person who is dissatisfied with the disposition of the fine for negligence under the provisions of paragraph (2) may raise an objection to the Minister of Land, Transport and Maritime Affairs within thirty days from the date on which he/she has received the said disposition.

(4) When the person who has received a disposition under the provisions of paragraph (2) has raised an objection under the provisions of paragraph (3), the Minister of Land, Transport and Maritime Affairs shall notify the competent court of the fact without delay, and the competent court which has received the notification shall decide on the case of the fine for negligence under the Non-Contentious Case Litigation Procedure Act (5) When the person has neither filed an objection within the period under the provisions of paragraph (3), nor has paid the fine for negligence, the fine for negligence shall be collected according to the examples of disposition for the default of national taxes.


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